Sofa Very Creased and Crinkled

Odd_Job

Hi,

Hoping for any advice or experience, please!

We ordered a fabric sofa which arrived later than agreed, but this delay wasn’t the end of the world.

After delivery, the sofa was aligned at different heights and also very creased.

The sofa company didn’t reply to any emails about this. We contacted the finance company and then the sofa company responded.

They sent a sofa technician who fixed the misaligned issue, saying the delivery team had assembled it wrong. He said nothing could be done about the creases and wrinkles.

The sofa company and finance company have both now said they’ve done everything they’re willing to and the complaint is closed.

We’ve explained because of the creases this sofa looks nothing like the sofa presented to us in the shop at the time of purchase.  It’s either not the same product we agreed to purchase or it’s faulty.

They’re saying we just need to plump up the fabric.  The creases are always there and look a real mess.  Plumping doesn’t help.

Our preferred outcome is that they fix the problem with the creases.

Is there anything we can do or is it just tough luck?

Thanks in advance for any help

Grumpy_chap

Odd_Job said:

Hi,

Hoping for any advice or experience, please!

We ordered a fabric sofa which arrived later than agreed, but this delay wasn’t the end of the world.

After delivery, the sofa was aligned at different heights and also very creased.

The sofa company didn’t reply to any emails about this. We contacted the finance company and then the sofa company responded.

They sent a sofa technician who fixed the misaligned issue, saying the delivery team had assembled it wrong. He said nothing could be done about the creases and wrinkles.

The sofa company and finance company have both now said they’ve done everything they’re willing to and the complaint is closed.

We’ve explained because of the creases this sofa looks nothing like the sofa presented to us in the shop at the time of purchase.  It’s either not the same product we agreed to purchase or it’s faulty.

They’re saying we just need to plump up the fabric.  The creases are always there and look a real mess.  Plumping doesn’t help.

Our preferred outcome is that they fix the problem with the creases.

Is there anything we can do or is it just tough luck?

Thanks in advance for any help

What type of sofa / fabric does the sofa have?
Some fabrics do naturally look wrinkled.
Is the fabric you selected the same as the fabric you saw on the display model?

Odd_Job

I’m not sure what the fabric is - here’s a photo of it.  It looks like this in various places.  

They didn’t have this specific colour on the display model.  The display model wasn’t creased like this and doesn’t look like this in the shop now.

None of the products in the shop look like this.

I’m no upholsterer, but imagine there’d be a way to resolve it just by tightening the material?  Either way, they’re saying there’s nothing wrong.  The phrase they’ve used repeatedly is ‘no manufacturing’ fault.

Aylesbury_Duck

That looks like poor quality control on the stitching.  I imagine the stitching is irregular on that panel.

Odd_Job

Aylesbury_Duck said:

That looks like poor quality control on the stitching.  I imagine the stitching is irregular on that panel.

Thanks - do you know if there’s anything we can do about it?  The shop and finance company have both said case closed and won’t do anything further to help.

Aylesbury_Duck

Have you got photos of the display model?  Could you get some?

You've exhausted their complaints process, and the finance company aren't interested, so I suggest you get an independent view from someone like an upholsterer.  If in their opinion (and report) it's a manufacturing fault, send a letter before action to the retailer threatening court action if they don't address it.  Court action won't be too expensive, and if you win, the retailer would have to reimburse the cost of the inspection and report.

Before doing all of that, you do need to be clear on what outcome  you want.  They may not be able to fix the creases, so that would leave you with a replacement or a refund.  Would that be acceptable?

Olinda99

it it were me I would open a formal complaint with the finance company. 

Grumpy_chap

I think that photo shows a clear fault with the sofa - especially as the "gathered" fabric is in the back panel.  If that was a design feature, the upper panel would have the fabric similarly gathered.  Can the OP obtain photos of the showroom sofa (or from the retailers website) showing what the sofa should be like?

The sofa company and the finance company saying they have closed the complaint may not be the end of it - particularly if the finance company did not treat this as a complaint against themselves but simply "facilitated" a resolution from the retailer.

I think the next step is a formal rejection in writing under "short term right to reject" to both the retailer and the finance company (making it clear to the finance company that you are holding them jointly and severally liable under S75 / S75a) and request confirmation of the collection and refund process.  
Even if the normal short term right to reject timeframe has expired, I understand the clock would have stopped when the first complaint was made and that would have been within the 30 days.
I am sure someone will be along shortly who can advise on the appropriate wording and specific legislation to cite in the letter.

If that is not successful in achieving the required outcome, then follow up with LBA (again to both the retailer and the finance company who you are holding jointly and severally liable).
Then, the necessary small claims process.


Can I just check that when you refer to "the sofa company" in the opening post, you mean the retailer from whom you purchased the sofa (whether bricks&mortar or online)?  Not the sofa manufacturer responding a warranty clause.

Of course, the retailer may have treated this as a warranty concern.  The next communication needs to be absolutely clear that you are exercising your consumer rights and not a warranty claim.

Odd_Job

Grumpy_chap said.

Can I just check that when you refer to "the sofa company" in the opening post, you mean the retailer from whom you purchased the sofa (whether bricks&mortar or online)?  Not the sofa manufacturer responding a warranty clause

Yes - the bricks and mortar retailer.

Thank you for this - I’ll have a look into the short term right to reject you’ve suggested.

Any other thoughts or wording suggestions very gratefully received

Grumpy_chap

Odd_Job said:

Yes - the bricks and mortar retailer.

Your consumer right rest with the Retailer (and the finance provider who is jointly and severally liable under S75 or S75a).

Any warranty (from either the Retailer or the Manufacturer) is in addition to and cannot override your consumer rights.  Sometimes, companies try to do something under warranty as an attempt to avoid adhering to consumer rights, and then say "well, we have done everything our warranty says we will do, not doing any more".  Not certain that is the case here.

I am sure someone will be along shortly who can give better advice on wording for the next letter and the specific parts of consumer rights law to quote.

Olinda99

If the against the finance company is not upheld I don't think you need to do an lba and sue them I think your first port of call will then be the ombudsman